KELLY v. DEERE & CO.

Civ. No. H-85-564 (JAC).

627 F.Supp. 564 (1986)

Galen KELLY and Helga Kelly v. DEERE & COMPANY.

United States District Court, D. Connecticut.

January 28, 1986.


Attorney(s) appearing for the Case

M. Katherine Webster-O'Keefe, Cohen & Kessler, New Milford, Conn., for plaintiffs.

James G. Geanuracos, Jeffrey L. Williams, Joseph F. Skelley, Jr., Skelley, Clifford, Vinkels, Williams & Rottner, P.C., Hartford, Conn., for defendants.


RULING ON MOTION TO STRIKE

JOSÉ A. CABRANES, District Judge:

This matter is before the court on the plaintiffs' motion to strike the defendant's fourth special defense to the first and second counts of the complaint.

The defendants contends in its fourth special defense that

[p]laintiff intentionally operated the wood splitter in the manner which it was operated on the date of his injury, and thereby assumed the risk of sustaining the...

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